| MICHELY J. PEREZ V CHARLES BARLING AND TERRY L. COLE |
| Motion No: CA 17-01751 |
| Slip Opinion No: 2018 NY Slip Op 62785(U) |
| Decided on January 29, 2018 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01751
| MICHELY J. PEREZ, PLAINTIFF-RESPONDENT, V CHARLES BARLING AND
TERRY L. COLE, DEFENDANTS-APPELLANTS. |
Appellant having moved to vacate dismissal of the appeal (denominated "extension of time to perfect the appeal") taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 20, 2017,
Now, upon reading and filing the affirmation of Denis A. Kitchen, Esq., dated January 12, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered November 16, 2017, is hereby amended by deleting the date January 16, 2018, and inserting in its place the date February 23, 2018.
Entered: January 29, 2018
Mark W. Bennett, Clerk